LAWS(MPH)-2023-12-5

REEHAN Vs. STATE OF MADHYA STATION HOUSE OFFICER

Decided On December 05, 2023
Reehan Appellant
V/S
State Of Madhya Station House Officer Respondents

JUDGEMENT

(1.) This criminal appeal under Sec. 374 of Cr.P.C. has been filed by the appellant being aggrieved by the judgment dtd. 6/9/2023 passed by the learned Sessions Judge, Jawad, District Neemuch, in Sessions Trial No.26/2022, whereby the appellant has been convicted for the offences U/S 5 of Madhya Pradesh Freedom of Religion Act,2021 ( hereinafter referred as " the Act, 2021 ") and sentenced him to undergo for 2 Years imprisonment with fine of Rs.25,000.00.

(2.) As per the case of prosecution, the prosecutrix gave a written application on 30/11/2022 at Police Station Javad in which she stated that she get married to Paras on 11/12/2021. After marriage, Prosecutrix and her husband both had quarrels. Before marriage when prosecutrix had gone to work as a labour on Rehan Khan's Farm, she get connected to Rehan on Instagram. They started talking on mobile. On 29/11/2022, Rehan came to meet the prosecutrix and took her with him to Sukma, Chhatisgarh and kept her in a rented house. Thereafter, the appellant pressurized her to convert her religion and to marry with him and became a Muslim and forcefully made sexual relations with her. When the prosecutrix refused to change her religion, the appellant gave threat to kill her family. Thereafter, the police recovered the prosecutrix from Sukma on 7/2/2023. Thereafter, on the basis of aforesaid, she lodged an FIR against the appellant. After due investigation, charge-sheet was filed.

(3.) In turn, the case was committed to the Court of Sessions and thereafter, appellant was charged for offence under Ss. 366, 376(2)(n),506 of IPC and 3/5 of the Act by the learned Trial Court. He abjured his guilt and took a plea that he has been falsely implicated in the present crime and prayed for trial.